2004 Audit Executive Summary:
Diocese of San Jose, CA
Bishop Patrick J. McGrath
Previous Audit Conducted
09/29-10/03/2003
The information found herein represents conditions as they were found
to exist during the week of September 20 – 24, 2004.
The diocese has a policy on the
prevention of sexual abuse of minors by clergy. The diocese provides
outreach designed to offer pastoral care to victims/survivors and their
families. The bishop or his representative has met with, or offered to
meet with all victims/survivors who have reported allegations of abuse
since the last compliance audit. The bishop or his delegate has directed
outreach to all faith communities in which the sexual abuse occurred. The
diocese has a mechanism in place to respond promptly to any allegation
where there is reason to believe that sexual abuse of a minor occurred.
The diocese has two victim assistance coordinators, John Dudley, and
Joan Avanzino who are well experienced in family therapy, child trauma and
abuse, and knowledgeable of the county’s social services. The diocese
established in 2002 a Review Board that consists of nine members. The
members include a former justice of the California Supreme Court, a
priest, two attorneys, the CEO of the YWCA, a professor of psychology, a
manager of Santa Clara County Family Services, a retired Asst. Chief of
Police, and a corporate VP. The Board serves as a confidential
consultative body to the bishop.
The procedures for making a complaint of abuse are readily available in
printed form, and are the subject of periodic public announcements. The
diocese has not entered into any confidentiality agreements during the
audit period.
The diocese has reported all allegations of sexual abuse
of a minor to public authorities since the last compliance audit. The
diocese complies with all applicable civil laws with respect to the
reporting of allegations of sexual abuse of minors to civil authorities.
The diocese has established effective liaison with civil authorities,
ensuring that an open dialogue regarding sexual abuse allegations will
occur. The diocese cooperates with public authorities about reporting in
cases when the person is no longer a minor. In all instances, the diocese
advises victims/survivors of their right to report allegations of abuse by
a member of the clergy to civil authorities.
When an allegation of sexual abuse of a minor by a priest or deacon is
received, a preliminary investigation, in harmony with canon law, is
initiated. If a preliminary investigation so indicates, the diocese
notifies the Congregation for the Doctrine of Faith and applies the
precautionary measures mentioned in CIC, canon 1722, or CCEO, canon 1473.
When accusations against a priest or a deacon are proven to be unfounded,
the diocese takes steps to restore the good name of the priest or deacon.
When sexual abuse of a minor by a priest or a deacon is admitted or
established after an appropriate process in accord with canon law, the
diocesan policy provides that the offending priest or deacon be
permanently removed from ministry. The diocese offers professional
assistance to offending priests or deacons.
In every case involving canonical penalties, the processes provided for
in canon law are observed. Accused clergy are encouraged to retain the
assistance of civil and canonical counsel. When necessary, the diocese
supplies canonical counsel to a priest or deacon.
If the penalty of dismissal from the clerical state has not been
applied, the diocese directs the offender to lead a life of prayer and
penance. The diocese does not allow the offender to celebrate Mass
publicly, to administer the sacraments, or to present himself publicly as
a priest.
The diocese has established clear and well-publicized standards of
ministerial behavior for priests and deacons. A communications policy is
in effect which reflects the bishop's pledge to be open and transparent on
issues regarding the sexual abuse of children. The diocese does assist and
support all parish communities directly affected by ministerial misconduct
involving minors.
The diocese has fully developed a "safe environment"
education program which remains to be fully implemented. A required Action
was issued. The educational program for children is “Keep the Children
Safe”; the educational program for parents is “ Empowering Parents”; the
educational program for ministers is Diocesan Sexual Misconduct Workshop;
the educational program for educators is Diocesan Sexual Misconduct
Workshop; and the educational program for others is Diocesan Sexual
Misconduct Workshop. The diocese has clear and well-publicized standards
of conduct for persons in positions of trust with regard to sexual abuse.
The diocese conducts background evaluations for all diocesan and parish
personnel who have regular contact with minors, using appropriate law
enforcement resources where permissible. Some necessary background
investigations have not been conducted and a Required Action was issued.
The diocese employs adequate screening and evaluative techniques in
deciding the fitness of candidates for ordination.
The diocese has not transferred any priest or deacon who has had a
credible allegation of sexual abuse made against him to another
ministerial assignment since the last audit. The diocese has not
transferred any priest or deacon who has had a credible allegation of
sexual abuse made against him for residence since the last audit.
The bishop, or his designee, has coordinated with major superiors of
men with a presence in the diocese addressing the issue of allegations of
sexual abuse of minors by clergy. The diocese has participated in research
with other institutions in the area of sexual abuse. The diocese/eparchy
has developed a systematic ongoing formation program in keeping with the
Basic Plan for the Ongoing Formation of Priests.
At the conclusion of this compliance audit,
the diocese was found to be compliant with all articles of the Charter
for the Protection of Children and Young People with the exception of
Articles number 12 & 13. The following Required Actions were issued:
Required Action Article 12: Safe Environment Programs
Provide the information as to when the diocesan employees, educators
and volunteers who have not received safe environment training are
scheduled to do so.
Required Action Article 13: Background Investigations
Provide information as to when the required background investigations
for religious order priests and volunteers, who have not had background
investigations conducted, are scheduled.
Compliance with the Charter as of December 31, 2004
As of December 31, 2004, the Diocese of San Jose had satisfactorily
completed the required actions. The diocese is found to compliant with all
articles of the Charter for the Protection of Children and Young
People.